[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)]
[Proposed Rules]
[Pages 24614-24619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11497]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1015
Procedures for Disclosure or Production of Information Under the
Freedom of Information Act; Amendments
AGENCY: Consumer Product Safety Commission.
ACTION: Proposed amendments to rule.
-----------------------------------------------------------------------
SUMMARY: The Electronic Freedom of Information Act Amendments of 1996,
which amend the Freedom of Information Act, are designed to make
government documents more accessible to the public in electronic form.
The amendments are also intended to expedite and streamline the process
by which agencies disclose information generally. In this notice, the
Commission proposes amendments to its Freedom of Information Act
regulations to comply with the requirements of the new statute.
DATES: Comments concerning this proposal must be received in the Office
of the Secretary no later than July 7, 1997. The amendments are
proposed to become effective 30 days after their publication in the
Federal Register in final form.
ADDRESSES: Mail comments concerning this proposal to the Office of the
Secretary, Consumer Product Safety Commission, Washington, DC 20207, or
[[Page 24615]]
deliver them to room 502, 4330 East West Highway, Bethesda, MD 20814.
Comments may be seen in the Commission's Public Reading Room, 4330 East
West Highway, Bethesda, MD 20814.
FOR FURTHER INFORMATION CONTACT: Jayme Rizzolo Epstein, Office of the
General Counsel, Consumer Product Safety Commission, Washington, DC
20207, telephone (301) 504-0980; or Todd Stevenson, Freedom of
Information Officer, Office of the Secretary, Consumer Product Safety
Commission, Washington, DC 20207, telephone (301) 504-0800.
SUPPLEMENTARY INFORMATION:
Background Information
On October 2, 1996, the President signed into law the Electronic
Freedom of Information Act Amendments of 1996 (``EFOIA''), Public Law
231, 110 Stat. 3048 (1996). EFOIA includes provisions authorizing or
requiring agencies to promulgate regulations implementing certain of
its requirements, including the tracking of Freedom of Information Act
(``FOIA'') requests, the aggregation of FOIA requests, and the
expedited processing of FOIA requests. In addition, EFOIA changes the
time limit for responding to a FOIA request from ten to twenty days,
the requirements for reporting regarding FOIA activities to Congress,
and the cases in which an agency may extend the time within which it
will respond to a FOIA request. EFOIA also includes provisions
regarding the availability of documents in electronic form, the
treatment of electronic records, and the establishment of ``electronic
reading rooms.''
The Consumer Product Safety Commission (``Commission'') proposes
amendments to its regulations implementing the Freedom of Information
Act, 16 CFR part 1015. The proposed amendments would revise the
Commission's FOIA regulations to comply with EFOIA.
New Provisions
A. Electronic Records
Section 3 of EFOIA amends 5 USC 552(f) to define ``record'' for
purposes of FOIA as including ``any information that would be an agency
record subject to the requirements of (5 USC section 552) when
maintained by an agency in any format, including an electronic
format.'' Section 552(f) thus clarifies that the term ``agency record''
includes information stored on computer as well as traditional paper
documents. The proposed regulations amend 16 CFR 1015.1(a) by adding
language to reflect this definition of ``record'' and to clarify that
the Commission produces all releasable records responsive to a FOIA
request, whether in traditional paper or electronic form.
B. Electronic Reading Room
FOIA section 552(a)(2) requires agencies to make available for
inspection and copying the following: (1) Final opinions and orders
made in adjudicated cases; (2) statements of policy and interpretations
not published in the Federal Register; and (3) administrative staff
manuals and instructions to staff that affect the public. 5 U.S.C.
552(a)(2). As stated in the Commission's FOIA regulations, the
Commission maintains these materials in its Public Information Center.
16 CFR 1015.2(a). EFOIA adds a fourth category to the materials that
agencies must place in their reading rooms:
Copies of all records * * * which have been released to any
person under [FOIA] and which, because of the nature of their
subject matter, the agency determines have become or are likely to
become the subject of subsequent requests for substantially the same
records.
EFOIA sec. 4; 5 USC Sec. 552(a)(2)(D).
EFOIA further requires agencies to make available by ``computer
telecommunications'' all reading room materials that are created on or
after November 1, 1996. The statute envisions that each agency will
ultimately have both a traditional reading room and a new ``electronic
reading room'' on the World-Wide Web.
Proposed regulation 1015.2(c) states that the Commission will post
the requisite materials on its Website. Where appropriate and feasible,
and as resources permit, the Commission may also place additional
reading room materials on the Website.
C. Multitrack Processing of Requests
EFOIA authorizes agencies to promulgate regulations providing for
multitrack processing of requests for records based on the amount of
work and/or time involved in processing requests. EFOIA section 7(a); 5
USC 552(a)(6)(D)(i). This would expedite the production of records
where little work or time is required. The statute states that an
agency's regulations may include a provision granting a FOIA requester
whose request does not qualify for the fastest multitrack processing an
opportunity to limit the scope of the request in order to qualify for
faster processing. 5 USC 552(6)(D)(ii).
The Commission believes that multitrack processing is the most
efficient and fair way to process FOIA requests. If requests were
processed on a strict first in, first out basis, easily filled
requests--for example for a press release or Commission brochure--would
be processed only after earlier-received, complex requests for dozens
of documents located in offices throughout the Commission. The
Commission currently intends to process FOIA requests on five tracks,
as follows:
Track 1: Responsive documents are available in the Office of the
Secretary in releasable form. Examples include press releases,
Commission brochures, and cleared Commission briefing packages.
Track 2: Responsive documents are on file outside the Office of
the Secretary in one easily identifiable location, but must be
located and copied, and require internal clearance. Examples include
meeting logs, technical reports and contractor reports.
Track 3: Responsive documents are located in various Commission
offices and require internal clearance.
Track 4: Responsive documents require both internal clearance
and review by identified manufacturers pursuant to sections 6(a)
and/or (b) of the Consumer Product Safety Act, 15 U.S.C. 2055(a) and
(b). Examples include requests for information regarding Commission
investigations of specific products and/or companies.
Track 5: Responsive documents are voluminous or are located in
various Commission offices, and require section 6(a) and/or (b)
review.
In general, when a request is received, the Freedom of Information
Office will review it and categorize it for tracking purposes. Requests
within each ``track'' will then be processed according to the date of
receipt within each category. This should help further expedite
responses to FOIA requests that are easier to fill. Of course, many
requests are unique and will not easily fit one of the above
descriptions. Others may appear to qualify for a fast track but prove
complex once the search for the responsive documents is underway. As
the Office of the Secretary implements and gains experience with the
multitrack system, adjustments will almost certainly be required.
Pursuant to proposed regulation 1015.3(e), the Office of the
Secretary may contact requesters whose requests do not appear to
qualify for the fastest tracks and provide such requesters the
opportunity to limit their requests so they qualify for a faster track.
Such notification will be at the discretion of the Office of the
Secretary and will depend largely on whether that Office believes that
a narrowing of the request could put the request on a faster track. The
regulation further provides that requesters who believe that their
requests qualify for the fastest tracks and who wish to be notified if
the Office
[[Page 24616]]
of the Secretary disagrees may so indicate in the request. If
practicable, the Office of the Secretary may also work with such
requesters to limit their requests to qualify for a faster track.
D. Time Limit for Responding to Requests
1. General: EFOIA lengthened the time within which agencies must
respond to FOIA requests from ten to twenty working days. EFOIA sec.
8(b); 5 U.S.C. 552(a)(6)(A)(i). The proposed regulations amend the
Commission's current regulations to conform to the new time limit. See
16 CFR 1015.4, 1015.5(a), 1015.6(c).
2. Extension of time in unusual circumstances: Pursuant to FOIA
section 552(a)(6)(B), agencies are permitted to extend the time limit
for responding to a request or deciding an appeal of a denial of a
request in ``unusual circumstances,'' as defined in that section, for
no more than ten working days, upon written notice to the requester. 5
U.S.C. 552(a)(6)(B). EFOIA amends section 552(a)(6)(B) to permit
agencies to extend the response time by notifying the requesters and
providing them with an opportunity to: (1) Limit the scope of the
request so that it may be timely answered; or (2) arrange with the
agency an alternative time frame for processing the request. EFOIA sec.
7(b); 5 U.S.C. 552(a)(6)(B)(ii). EFOIA also provides that a requester's
refusal to modify a request or arrange an alternative response time
shall be considered a factor in the judicial review of an agency's
failure to comply with the applicable time limits. EFOIA does not alter
the definition of ``unusual circumstances.''
The proposed regulations would add a new paragraph (d) to 16 CFR
1015.5 to conform to the new provision.
3. Aggregation of related requests: EFOIA authorizes agencies to
promulgate regulations providing for the aggregation of related
requests by the same requester or a group of requesters acting in
concert when the requests would, if treated as a single request,
present ``unusual circumstances'' as defined in 5 U.S.C. 552(a)(6)(B).
EFOIA section 7(b); 5 USC 552(a)(6)(B)(iv). Proposed regulation
1015.5(e) implements this provision. As EFOIA requires, the proposed
regulation provides that requests will be aggregated only when the
Commission ``reasonably believes that such requests actually constitute
a single request'' and the requests ``involve clearly related
matters.'' Id.; 16 CFR 1015.5(e).
4. Requests for expedited processing: EFOIA requires each agency to
promulgate regulations providing for the expedited processing of FOIA
requests in cases of ``compelling need'' and in other cases determined
by the agency. EFOIA sec. 8(a); 5 U.S.C. 552(a)(6)(E)(i). The statute
specifies two categories of ``compelling need'':
(1) That a failure to obtain requested records on an expedited
basis under this paragraph could reasonably be expected to pose an
imminent threat to the life or physical safety of an individual; or
(2) With respect to a request made by a person primarily engaged
in disseminating information, urgency to inform the public
concerning actual or alleged Federal Government activity.
5 U.S.C. 552(a)(6)(E)(v). Additionally, the statute sets forth
requirements for the handling of requests for expedited processing and
for the judicial review of agency denials of such requests. 5 U.S.C.
552(a)(6)(E)(ii)-(iv).
Proposed regulation 1015.5(f) implements the expedited processing
requirements of EFOIA. The Commission emphasizes that, in keeping with
Congress' express intent that the specified criteria for compelling
need ``be narrowly applied,'' expedited processing will be granted only
in those truly extraordinary cases meeting the specific statutory
requirements. H.R. Rep. 795, 104th Cong., 2d Sess. 26 (1996) (hereafter
``House Report''). As the legislative history states, ``the expedited
process procedure is intended to be limited to circumstances in which a
delay in obtaining information can reasonably be foreseen to cause a
significant adverse consequence to a recognized interest.'' Id.
A requester seeking expedited processing under the ``imminent
threat'' category of the ``compelling need'' definition must show that:
(1) The failure to obtain the information expeditiously threatens the
life or safety of an individual; and (2) the threat is ``imminent.''
That an individual or his or her attorney needs information for an
approaching litigation deadline is not a ``compelling need'' under this
provision.
A requester seeking expedited processing under the second,
``urgency to inform,'' category must show that: (1) He or she is
``primarily engaged in disseminating information;'' (2) there is an
``urgency to inform the public'' about the information requested; and
(3) the information relates to an ``actual or alleged Federal
government activity.''
To meet the first ``urgency to inform'' criterion, the requester
must show that his or her principal occupation is disseminating
information to the public. As the legislative history makes clear,
``[a] requestor who only incidentally engages in information
dissemination, besides other activities, would not satisfy this
requirement.'' Id.
To meet the second ``urgency to inform'' criterion, the requester
must show more than a general interest in the ``public's right to
know.'' See id. Rather, as explained in the legislative history, a
requester must show that a delay in the release of the requested
information would ``compromise a significant recognized interest,'' and
that the requested information ``pertain[s] to a matter of current
exigency to the American public.'' Id. (emphasis added). It would,
therefore, be insufficient to base a showing of ``compelling need'' on
a reporter's desire to inform the public of something he or she
believes might be of public concern if it were publicized. Rather, a
reporter must show that the information pertains to a subject currently
of significant interest to the public and that delaying the release of
the information would harm the public's ability to assess the subject
governmental activity.
The final ``urgency to inform'' criterion makes clear that the
information must relate to the activities of the Commission and its
staff. A request for expedited processing could thus be considered for
information relating, for example, to a Commission decision. The Office
of the Secretary generally would not, however, grant a request for
expedited processing of information the Commission has collected
regarding incidents involving specific consumer products.
EFOIA also authorizes agencies to expand the categories of requests
qualifying for expedited processing beyond the two specified in the
statute. EFOIA sec. 8(a); 5 U.S.C. 552 (a)(6)(E)(i)(II). The Commission
has determined that no further categories are currently necessary or
appropriate. As the legislative history explains, ``[g]iven the finite
resources generally available for fulfilling FOIA requests, unduly
generous use of the expedited processing procedure would unfairly
disadvantage other requestors who do not qualify for its treatment.''
House Report at 26.
As EFOIA requires, proposed regulation 1015.5(f)(5) states that the
Secretary will process requests granted expedited processing ``as soon
as practicable.'' See EFOIA sec. 8(a); 5 U.S.C. 552(a)(6)(E)(iii).
Pursuant to this requirement, the Office of the Secretary will give
priority to such requests.
5. Time limits and section 6(b) of the Consumer Product Safety Act:
Pursuant to section 6(b) of the Consumer Product Safety Act (15 U.S.C.
2055(b)), prior to
[[Page 24617]]
the release of information that identifies a manufacturer or private
labeler, the Commission must ``take reasonable steps to assure * * *
that (the information) is accurate, and that (its) disclosure is fair
in the circumstances and reasonably related to effectuating the
purposes of the (Consumer Product Safety Act).'' Section 6(b) requires
that the Commission notify identified manufacturers and private
labelers that it intends to disclose information at least 30 days prior
to the disclosure. 15 U.S.C. 2055(b)(1). The manufacturer or private
labeler may then submit comments regarding the disclosure of the
information to the Commission. Id. If the Commission, after reviewing
the comments, decides to release the information over the objections of
the manufacturer or private labeler, it must so notify the firm at
least 10 days prior to the release. 15 U.S.C. 2055(b)(2).
The Supreme Court, in Consumer Product Safety Commission v. GTE
Sylvania, Inc., 100 S. Ct. 2051 (1980), ruled that the Commission must
follow the requirements of section 6(b) prior to the release of
information in response to a FOIA request. As a result, it is
frequently impossible for the Commission to comply with FOIA time
limits when information responsive to a request identifies a
manufacturer or private labeler. When the Office of the Secretary
receives a request for information that requires section 6(b) review,
it routinely notifies the requester that the response will be delayed.
Proposed regulation 1015.5(g) is intended to assure that requesters are
aware of the requirements of section 6(b) and of the Commission's
section 6(b) regulations at 16 CFR part 1101.
E. Estimates of the Volume of Materials Denied
EFOIA requires that agency responses denying information include an
estimate of the volume of any responsive documents the agency is
withholding. EFOIA sec. 8(c); 5 U.S.C. 552(a)(6)(F). Additionally,
EFOIA requires that when an agency withholds only a portion of a
record, the response shall indicate the amount of information deleted
on the released record, where possible at the place of the deletion.
EFOIA sec. 9; 5 U.S.C. 552(b)(9). Proposed regulation 1015.6 includes a
new subparagraph (b)(3) to implement these new requirements.
F. Fees
Proposed Secs. 1015.9 (e)(5) and (g)(1) would amend the current
regulation on fees the agency charges for the production of documents
to reflect current Commission practices. Current Sec. 1015.9(e)(5) sets
forth the amount charged for computerized records that the Commission
retrieves from on offsite central processing system. Currently, the
majority of computer printouts are made at the Commission's offices,
and the specified calculation is inapplicable. Proposed
Sec. 1015.9(e)(5) would amend the regulation to specify a charge of ten
cents per page for computer printouts generated at the Commission.
Section 1015.9(g)(1) currently states that interest will be charged
on fees owed ``on the 31st day following the day on which the billing
was sent.'' (Emphasis added.) Proposed section 1015.9(g)(1) would amend
the regulation to provide that interest will instead be calculated
based on the day the requester receives the bill, as is the current
Commission practice.
G. Annual Report to Congress
The current Commission regulations describe the information the
Commission submits to Congress annually regarding the Commission's
processing of FOIA requests. 16 CFR 1015.10. EFOIA amended the FOIA
provisions regarding reporting in several ways, including the timing of
reports and the information to be reported. EFOIA sec. 10; 5 U.S.C.
552(e). The proposed regulations amend Sec. 1015.10 to conform to the
EFOIA reporting requirements.
Comments
The Commission invites comments by interested persons on these
proposed amendments to the Commission's rules governing the processing
of FOIA requests. Comments must be submitted by July 7, 1997. Late
filed comments will be considered to the extent practicable. Comments
should be addressed to the Secretary, Consumer Product Safety
Commission, Washington, DC 20207, or delivered to the Secretary in room
502, 4330 East West Highway, Bethesda, MD 20814. Interested persons may
examine comments received in the Commission's Public Reading Room, room
419, 4330 East West Highway, Bethesda, MD, between 8 a.m. and 5 p.m.,
Monday through Friday.
Proposed Effective Date
The Commission proposes that the amendments become effective 30
days after the date of publication of the amendments in final form in
the Federal Register, and would apply to all requests for information
received after that date.
Impact on Small Business
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b),
the Commission certifies that these amendments will not have a
significant economic impact upon a substantial number of small
entities.
Environmental Considerations
These amendments do not fall within any of the categories of
Commission activities described in 16 CFR 1021.5(b) which have the
potential for producing environmental effects and which, therefore,
require environmental assessments, and, in some cases, environmental
impact statements. The Commission does not believe that the proposal
contains any unusual aspects which may produce effects on the human
environment, nor can the Commission foresee any circumstances in which
the amendments may produce such effects. For this reason, neither an
environmental assessment nor an environmental impact statement is
required.
Preemption
In accordance with Executive Order 12988 (February 5, 1996), the
Commission states that these amendments have no preemptive effect.
Other Executive Orders
Because this rule will not have any significant impact on family
formation, maintenance, or well-being if issued on a final basis, no
assessment of the rule is required by Executive Order 12606 of
September 2, 1987. The Commission also certifies that the rule does not
have sufficient implications for federalism to warrant a Federalism
Assessment under Executive Order 12612 of October 26, 1987.
List of Subjects in 16 CFR Part 1015
Administrative practice and procedure, Consumer protection,
Disclosure of information, Freedom of information.
In accordance with the provisions of 5 U.S.C. 553 and under the
authority of the Consumer Product Safety Act, 15 U.S.C. 2051 et seq.,
the Commission proposes to amend Part 1015 of Title 16, Chapter II, of
the Code of Federal Regulations as follows:
PART 1015--PROCEDURES FOR DISCLOSURE OR PRODUCTION OF INFORMATION
UNDER THE FREEDOM OF INFORMATION ACT
1. Section 1015.1 is amended by revising the second and third
sentences of paragraph (a) as follows:
[[Page 24618]]
Sec. 1015.1 Purpose and scope.
(a) * * * Official records of the Consumer Product Safety
Commission consist of all documentary material maintained by the
Commission in any format, including an electronic format. These records
include those maintained in connection with the Commission's
responsibilities and functions under the Consumer Product Safety Act,
as well as those responsibilities and functions transferred to the
Commission under the Federal Hazardous Substances Act, Poison
Prevention Packaging Act of 1970, Refrigerator Safety Act, and
Flammable Fabrics Act, and those maintained under any other authorized
activity * * *
* * * * *
2. Section 1015.2 is amended by revising paragraph (a) and adding
paragraph (c) as follows:
Sec. 1015.2 Public reference facilities.
(a) The Consumer Product Safety Commission will maintain in a
public reference room or area the materials relating to the Consumer
Product Safety Commission which are required by 5 U.S.C. 552(a)(2) and
552(a)(5) to be made available for public inspection and copying. The
principal location will be in the Office of the Secretary of the
Commission. The address of this office is:
Office of the Secretary, Consumer Product Safety Commission, Room
500, 4330 East West Highway, Bethesda, MD 20814.
* * * * *
(c) The Consumer Product Safety Commission will maintain an
``electronic reading room'' on the World-Wide Web for those records
which are required by 5 U.S.C. 552(a)(2) to be available by ``computer
telecommunications.''
3. Section 1015.3 is amended by adding a new paragraph (e) as
follows:
Sec. 1015.3 Requests for records and copies.
* * * * *
(e) The Consumer Product Safety Commission uses a multitrack system
to process requests under the Freedom of Information Act that is based
on the amount of work and/or time involved in processing requests.
Requests for records are processed in the order they are received
within each track. Upon receipt of a request for records, the Secretary
or delegate of the Secretary will determine which track is appropriate
for the request. The Secretary or delegate of the Secretary may contact
requesters whose requests do not appear to qualify for the fastest
tracks and provide such requesters the opportunity to limit their
requests so as to qualify for a faster track. Requesters who believe
that their requests qualify for the fastest tracks and who wish to be
notified if the Secretary or delegate of the Secretary disagrees may so
indicate in the request and, where appropriate and feasible, will also
be given an opportunity to limit their requests.
4. Section 1015.4 is amended by revising the last sentence to read
as follows:
Sec. 1015.4 Responses to requests for records; responsibility.
* * * If no response is made by the Commission within twenty
working days, or any extension thereof, the requester and the
Commission may take the action specified in Sec. 1015.7(e).
5. Section 1015.5 is amended by revising the heading and the first
sentence of paragraph (a), changing the phrase ``Chairman of the
Commission'' to ``General Counsel of the Commission'' in paragraph (b),
and adding new paragraphs (d), (e), (f), and (g) as follows:
Sec. 1015.5 Time limitation on responses to requests for records and
requests for expedited processing.
(a) The Secretary or delegate of the Secretary shall respond to all
written requests for records within twenty (20) working days (excepting
Saturdays, Sundays, and legal public holidays). * * *
* * * * *
(d) If the Secretary at the initial stage or the General Counsel at
the appellate stage determines that an extension of time greater than
ten (10) working days is necessary to respond to a request satisfying
the ``unusual circumstances'' specified in paragraph (b) of this
section, the Secretary or the General Counsel shall so notify the
requester and give the requester the opportunity to:
(1) Limit the scope of the request so that it may be processed
within the time limit prescribed in paragraph (b); or
(2) Arrange with the Secretary or the General Counsel an
alternative time frame for processing the request or a modified
request.
(e) The Secretary or delegate of the Secretary may aggregate and
process as a single request requests by the same requester, or a group
of requesters acting in concert, if the Secretary or delegate
reasonably believes that the requests actually constitute a single
request which would otherwise satisfy the unusual circumstances
specified in paragraph (b) of this section, and the requests involve
clearly related matters.
(f) The Secretary or delegate of the Secretary will consider
requests for the expedited processing of requests in cases where the
requester demonstrates a compelling need for such processing.
(1) The term compelling need means:
(i) That a failure to obtain requested records on an expedited
basis could reasonably be expected to pose an imminent threat to the
life or physical safety of an individual; or
(ii) With respect to a request made by a person primarily engaged
in disseminating information, urgency to inform the public concerning
actual or alleged Federal Government activity.
(2) Requesters for expedited processing must include in their
requests a statement setting forth the basis for the claim that a
``compelling need'' exists for the requested information, certified by
the requester to be true and correct to the best of his or her
knowledge and belief.
(3) The Secretary or delegate of the Secretary will determine
whether to grant a request for expedited processing and will notify the
requester of such determination within ten (10) days of receipt of the
request.
(4) Denials of requests for expedited processing may be appealed to
the Office of the General Counsel as set forth in Sec. 1015.7 of this
part. The General Counsel will expeditiously determine any such appeal.
(5) The Secretary or delegate of the Secretary will process as soon
as practicable the documents responsive to a request for which
expedited processing is granted.
(g) The Secretary may be unable to comply with the time limits set
forth in this Sec. 1015.5 when disclosure of documents responsive to a
request under this part is subject to the requirements of section 6(b)
of the Consumer Product Safety Act, 15 U.S.C. 2055(b), and the
regulations implementing that section, 16 CFR part 1101. The Secretary
or delegate of the Secretary will notify requesters whose requests will
be delayed for this reason.
6. Section 1015.6 is amended by redesignating paragraph (b)(3) as
(b)(4), adding a new paragraph (b)(3), and revising the first sentence
of paragraph (c) as follows:
Sec. 1015.6 Responses: Form and content.
* * * * *
(b) * * *
(3) An estimation of the volume of requested material withheld.
When only a portion or portions of a document are withheld, the amount
of information deleted shall be indicated on the released portion(s) of
the record. When technically feasible, the indication of the amount of
material withheld will appear at the place in the document
[[Page 24619]]
where any deletion is made. Neither an estimation of the volume of
requested material nor an indication of the amount of information
deleted shall be included in a response if doing so would harm an
interest protected by the exemption in 5 U.S.C. 552(b) pursuant to
which the material is withheld.
* * * * *
(c) If no response is made within twenty (20) working days or any
extension thereof, the requester can consider his or her administrative
remedies exhausted and seek judicial relief in a United States District
Court as specified in 5 U.S.C. 552(a)(4)(B). * * *
7. Section 1015.9 is amended by revising paragraphs (e)(5) and
(g)(1) to read as follows:
Sec. 1015.9 Fees for production of records.
* * * * *
(e) * * *
* * * * *
(5) Computerized records: $0.10 per page of computer printouts or,
for central processing, $0.32 per second of central processing unit
(CPU) time; for printer, $10.00 per 1,000 lines; and for computer
magnetic tapes or discs, direct costs.
* * * * *
(g) * * *
(1) Interest will be charged on amounts billed, starting on the
31st day following the day on which the requester received the bill.
Interest will be at the rate prescribed in 31 U.S.C. 3717.
8. Section 1015.10 is amended by revising the introductory
paragraph and paragraphs (b) through (g) as follows:
Sec. 1015.10 Commission report of actions to Congress.
On or before February 1 of each year, the Commission shall submit a
report of its activities with regard to freedom of information requests
during the preceding fiscal year to the Attorney General of the United
States. This report shall include:
* * * * *
(b)(1) The number of appeals made by persons under such provisions,
the result of such appeals, and the reason for the action upon each
appeal that results in a denial of information; and
(2) a complete list of all statutes that the Commission relies upon
to withhold information under such provisions, a description of whether
a court has upheld the decision of the Commission to withhold
information under each such statute, and a concise description of the
scope of any information withheld.
(c) The number of requests for records pending before the
Commission as of September 30 of the preceding year, and the median
number of days that such requests had been pending before the
Commission as of that date.
(d) The number of requests for records received by the Commission
and the number of requests which the Commission processed.
(e) The median number of days taken by the Commission to process
different types of requests.
(f) The total amount of fees collected by the Commission for
processing requests.
(g) The number of full-time staff of the Commission devoted to
processing requests for records under such provisions, and the total
amount expended by the Commission for processing such requests.
Dated: April 29, 1997.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 97-11497 Filed 5-5-97; 8:45 am]
BILLING CODE 6355-01-P
